SC agrees to examine plea against use of Aadhaar as proof of citizenship, age, domicile; issues notice

New Delhi, June 16 (SocialNews.XYZ) The Supreme Court on Tuesday agreed to examine a Public Interest Litigation (PIL) seeking directions to the Centre, all states and union territories, and the Election Commission of India (ECI) to ensure that Aadhaar is used only as proof of identity and not as proof of citizenship, domicile, address or date of birth.

A Bench of Chief Justice of India (CJI) Surya Kant and Justice V. Mohana issued notice to the Union government, all state governments and union territories (UTs), the ECI, and the Unique Identification Authority of India (UIDAI) on the plea filed by advocate Ashwini Kumar Upadhyay.

The matter has been listed for further hearing on August 7.

The petition contends that Section 9 of the Aadhaar Act, 2016 expressly provides that Aadhaar is not evidence of citizenship or domicile, while UIDAI notifications clarify that Aadhaar serves only as proof of identity and not as proof of citizenship, address or date of birth.

According to the plea, despite these statutory limitations and judicial pronouncements holding that Aadhaar is not proof of age, the document continues to be widely accepted as proof of age, residence, citizenship and domicile for various purposes, including school admissions, property transactions, issuance of birth certificates, ration cards and driving licences.

The PIL has specifically challenged the use of Aadhaar as proof of date of birth and proof of residence in the application form for new voter registration (Form-6), arguing that such usage is contrary to the Aadhaar Act, UIDAI notifications and provisions of the Representation of the People Act.

Upadhyay has sought directions to the Centre, states and the ECI to take appropriate measures to ensure that Aadhaar is used strictly as proof of identity and not for purposes prohibited under the Aadhaar Act and UIDAI guidelines.

Referring to the Aadhaar enrolment framework, the plea argues that all residents, including foreign nationals residing in India for at least 182 days, are eligible to obtain Aadhaar. It further states that Aadhaar enrolment can be facilitated through Common Service Centres and supporting documents such as rent agreements or certifications issued by local authorities.

The petition claimed that alleged infiltrators and illegal immigrants are able to obtain Aadhaar cards through weak verification mechanisms and subsequently use Aadhaar as a foundational document to secure other identity and entitlement documents, including ration cards, birth certificates, domicile certificates, driving licences and voter identity cards.

According to the petitioner, this process undermines the integrity of the identification framework established under the Aadhaar Act and enables ineligible persons to access subsidies, welfare schemes and other benefits intended for lawful beneficiaries.

The plea argues that such practices result in diversion of public resources, exclusion of genuine beneficiaries and violation of constitutional principles of equality, fairness and targeted welfare delivery.

The petitioner stated that the cause of action arose after concerns emerged regarding the alleged misuse of Aadhaar beyond its legally permissible purpose, despite repeated clarifications in the Aadhaar Act and UIDAI notifications regarding its limited evidentiary value.

The petition seeks directions to the Centre, states and the ECI to take appropriate measures to ensure that Aadhaar is used strictly as proof of identity. It also seeks a declaration that the use of Aadhaar as proof of date of birth and residence in voter registration processes is legally unsustainable and should be rendered void and inoperative.

Source: IANS